(2012) JELR 49297 (CA)    

Court of Appeal  ·  CA/L/288/06 ·  4 Jul 2012 ·  Nigeria
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria INYANG JOHN OKORO Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
second defendant
2nd respondent
respondent counsel
first defendant
legal practitioner
main building
trial court
learned trial judge
square meters
1st defendant
survey plan no. sja
badagry expressway
exhibit p10
2nd defendant
exhibit p2
lands registry
respondent brief
amended statement of defence
proof of his case
volume 1998l of the register of deeds
1st defendants
2nd deed of assignment
above issues
amended statement of claim
appellant brief
conclusion of the trial
counterclaim of the first defendant
counterclaim of the second defendant
documents of transfer of the property
entire piece of land
favour of the 1st respondent
following reliefs
fraudulent representation
lagos state
leading judgment
learned counsel
legal owner
own issues
quality of evidence
said piece of land
tenants of the row of shops
title of the 1st respondent
view of the state of pleadings

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment of Honourable Justice H. A. O. Abiru of the High Court of Lagos State delivered on the 9th day of May, 2005. The facts that led to this appeal are as follows:-

There were three claims before the trial court; the Claimant's claims, the counterclaim of the first Defendant and the counterclaim of the second Defendant. The Claimant filed an amended statement of claim for the following reliefs:-

(i) A declaration of title to the entire piece of land with all its appurtenances measuring approximately 567.665 square meters known as No.210, Badagry Expressway, Ojo shown on survey plan No. SJA/095/92/L with a statutory right of occupancy dated the 18th of October 1998 and registered as No.55 at page 55 in Volume 1998L of the Register of Deeds at the Lands Registry, Alausa, Ikeja.

(ii) An order directing the second Defendant or in her stead the Chief Registrar of the High Court of Lagos…

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